Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

Bail is Not a Given: Reasons a Judge May Deny Bail

Many people would do just about anything to get their loved one out of custody if they’ve been arrested. Often, California allows bail to be posted, which then triggers the release of the accused from jail. In essence, paying bail means that you’re promising they’ll show up to their court hearings and are guaranteeing that promise with money.

However, the California Constitution makes it clear that there are a few situations in which judges can or must deny bail. If your loved one has been denied bail, or you’re worried they will be, then you should contact Law Office of Michael L. Fell right away at (949) 585-9055. We offer a free case evaluation and can let you know what your options are.

Charges of felony that includes violence and / or sexual assault

When a person is charged with a felony and the felony they allegedly committed involves some type of violence or sexual assault, then judge may deny bail. However, they must find that there is strong evidence that the person is guilty and that there’s evidence that the person in question is likely to commit bodily harm to other people if they’re released.

Charges that could warrant the death penalty

Though it’s many a long time since anyone was put to death in California, there are a few crimes that are technically punishable by death. When someone is accused of these crimes, then it’s likely they won’t get mail. In fact, a person is ineligible for bail if they’re charged with an offense that comes with a possible death sentence and the proof of guilt is considered “clear and convincing” by the judge.

Note that this applies even if the prosecutor isn’t actually charging the alleged perpetrator with the death penalty. The only requirement is that the crime could be charged as a capital offense.

There’s reason to believe that the accused will commit great bodily harm against someone

Another reason that people can be denied bail is if they have been charged with a felony, there’s clear and convincing evidence that they are a danger to another person, and there’s reason to believe that it’s likely they would carry out that bodily harm. For example, someone accused of stalking may be denied bail if the judge determines that they’re likely to hurt the person they’re accused of stalking.

The prosecution will build a case – you need someone to defend it

It’s up to the prosecution to convince the judge that there’s enough evidence to keep someone in jail without bail. It’s up to your criminal defense attorney to counter that claim. When you work with Law Office of Michael L. Fell, we will use our extensive experience to ensure that the rights of the accused are respected.

No matter the charge, everyone deserves an aggressive defense. That’s what you’ll get if you choose Law Office of Michael L. Fell. Call us today at (949) 585-9055 for a free consultation to find out what your options really are.